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July 21, 2014 (Regular Meeting) <br />Page 2119 <br />WHEREAS, Rinker Commercial Properties have paid the required five <br />percent (5%) deposit an their offer; <br />THEREFORE, THE CABARRUS COUNTY BOARD OF COMMISSIONERS RESOLVES THAT; <br />1. The County Commissioners authorize the sale of the property <br />described above through the upset bid procedure of the North <br />Carolina General Statute 160A -269. <br />2. The County Clerk shall cause a notice of the proposed sale to be <br />published. The notice shall describe the property and the amount of <br />the offer, and shall state the terms under which the offer may be <br />upset. <br />3. Persons wishing to upset the offer that has been received shall <br />submit a sealed bid with their offer to the County Manager within 10 <br />days after the notice of sale is published. During the 10 -day <br />bidding period, the Clerk shall open any bids received, if any, and <br />the highest such bid shall become the new offer. If there is more <br />than one bid in the highest amount, the first such bid received will <br />become the new offer. <br />4. If a qualifying higher bid is received, the County Clerk shall cause <br />a new notice of upset bid to be published, and shall continue to do <br />so until, a 10 -day period has passed without any qualifying upset <br />bids having been received. At that time, the amount of the final <br />high bid shall be reported to the County Commission. <br />5. A qualifying higher bid is one that raises the initial or existing <br />highest offer by not less than ten percent (10%) of the first <br />$1,000.00 of the previous offer and five percent (5$) of the <br />remainder of that offer. <br />6. A qualifying higher bid must also be accompanied by a deposit in the <br />amount of five percent (5 %) of the bid, the deposit made in cash, <br />cashier's check, or certified check. The County will return the <br />deposit on any bid not accepted, and will return the deposit on an <br />offer subject to upset if a qualifying higher bid is received. The <br />County will return the deposit of the final high bidder at the <br />closing. <br />7. The terms of sale are that <br />a. The County Commission must approve the final high offer before <br />the sale is closed, which it will do within 30 days after the <br />final upset bid period has passed, and <br />b. The buyer must pay with cash at the time of closing. <br />8. The County reserves the right to withdraw the property from sale at <br />any time before the final high bid is accepted and the right to <br />reject at any time all bids. <br />Adopted this 21 day of July, 2014. <br />/s/ Elizabeth F. Poole <br />Elizabeth F. Poole, Chairman <br />Board of Commissioners <br />ATTEST: <br />/s/ Megan I.E. Smit <br />Megan I.E. Smit, Clerk to the Board <br />t <br />I I <br />�rca r <br />__ — _• ' <br />}h �_ <br />